Ohio Code § 2317.06

Ohio Code § 2317.06. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2317.06.

(A) If a party or witness, after testifying orally, dies, is beyond the jurisdiction

of the court, cannot be found after diligent search, is unable to testify because

of any physical or mental infirmity, or has been summoned but appears to have been

kept away by the adverse party and if the evidence of the party or witness has been

taken down by an official stenographer, the evidence so taken may be read in evidence

by either party on the further trial of the case and shall be prima-facie evidence

of what the deceased party or witness testified to orally on the former trial.  If the evidence has not been taken by an official stenographer, it may be proved

by witnesses who were present at the former trial, having knowledge of the testimony.  All testimony so offered shall be open to all objections that might be taken if

the witness was personally present. (B)(1) If it is necessary in a civil action before the court to procure the testimony of

a person who is imprisoned in a workhouse, juvenile detention facility, jail, or state

correctional institution within this state, or who is in the custody of the department

of youth services, the court shall require that the person's testimony be taken by

deposition pursuant to the Civil Rules at the place of the person's confinement, unless

the court determines that the interests of justice demand that the person be brought

before the court for the presentation of the person's testimony. (2) If the court determines that the interests of justice demand that a person specified

in division (B)(1) of this section be brought before the court for the presentation

of the person's testimony, the court shall order the person to be brought before it

under the procedures set forth in division (B) or (C) of section 2945.47 of the Revised Code . (C) When a person's deposition is taken pursuant to division (B)(1) of this section,

the person shall remain in the custody of the officer who is in charge of the person,

and the officer shall provide reasonable facilities for the taking of the deposition. (D) The person requesting the testimony of the person whose deposition is taken pursuant

to division (B)(1) of this section shall pay the expense of taking the deposition,

except that the court may tax the expense as court costs in appropriate cases.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2317.06
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 2317.06 address?

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Is Ohio Revised Code § 2317.06 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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